Does the government inherit everything if I don’t have a Will?

In this briefing, associate Flavia Seferi explains why this is not the case.

Dying intestate: who inherits your assets?

If a person dies without having a valid will in place, they are said to have died intestate. If you die intestate in England Wales, your estate will be distributed according to the Rules of Intestacy, whereby the estate passes to relations first, in a strict order of inheritance. This is set out in The Administration of Estates Act 1925 as follows: -

1. Spouse or civil partner
2. Children of the deceased (not including step-children unless legally adopted)
3. Parents of the deceased
4. Full-blood siblings
5. Half-blood siblings
6. Grandparents
7. Full-blood aunts and uncles
8. Half-blood aunts and uncles
9. The Crown

Another misheld belief is that a surviving spouse would automatically inherit the estate of their deceased partner - but this is not the case if the deceased had surviving children (who would inherit it instead.)

Under the Rules of Intestacy, the surviving spouse will receive a statutory legacy of £322,000 and a further 50% of the remaining residuary estate.

The remaining 50% is divided equally between the deceased’s surviving children.  This can cause some complications if the children are under the age of 18.

For unmarried couples there is no entitlement to the estate regardless of the length of the relationship. This can lead to upsetting consequences for the surviving partner, particularly if they were cohabiting.

If the partner or any other person was financially dependent on the deceased, they may be able to make a claim against the estate for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. These types of claims can be very lengthy and costly during an emotional time of bereavement. 

Beneficiaries under the Rules of Intestacy can sometimes agree to vary the distribution of the estate within two years of death, providing all beneficiaries are in agreement. However, this is not always an option not least as some beneficiaries may not be in consensus. 

What if there are no surviving relatives?

If no blood relatives are found, then the entire estate will pass to the Crown, where it will be held for 12 years under ‘bona vacantia’. This means that anyone who believes they have entitlement may be able to bring a claim within the 12 years of death, after which, no further claims can be brought and the estate will pass to the Crown.

Having a valid will in place is the only way to ensure that your estate is passed in accordance with your wishes and to avoid the problems which can arise from intestacy.

If you already have a will in place, we always advise to keep your will under regular review, particularly at major life events such as marriage or civil partnership, which will automatically revoke an existing will, unless specifically made in contemplation of that marriage or partnership.